Practice Note 16 issued on 21
January 2000 is revoked and the following Practice Note
is substituted.
1. In nearly all circumstances,
a person giving evidence in a proceeding before the Federal
Court of Australia, whether orally or by affidavit, is
required by law to make an affirmation or take an oath.
The purpose of this requirement is to compel people to
tell the truth.
2. It is a criminal offence for
a person deliberately to give false evidence after making
an affirmation or taking an oath.
3. Annexed
to this practice note is the text of a card setting
out the form of oath or affirmation that witnesses will
be requested to read, or to have read on their behalf,
before giving evidence to the Court. A copy of the card
will be handed to each witness upon entering the witness
box.
4. The Court expects practitioners
to ensure that witnesses are properly informed, in advance
of their giving evidence, of the purpose of and procedure
for making an affirmation or taking an oath. It also expects
practitioners:
to ensure
that court officers are informed before court commences
of any witness who would prefer to have the oath or
affirmation read on their behalf (eg. because of poor
sight or limited literacy); and
to give
the court (via the judge's associate) at least 24 hours'
notice of any other special arrangements that may need
to be made by the Court to facilitate the taking of
an oath or making of an affirmation by a witness. (For
example, the Court must be notified if a witness has
other requirements to facilitate the taking of an oath
in accordance with his or her beliefs.)
M E J BLACK
Chief Justice
30 April 2001
[side
1 of card]
INFORMATION FOR WITNESSES
PLEASE READ THIS INFORMATION
BEFORE YOU COME FORWARD TO GIVE YOUR EVIDENCE:
The law* requires that a person
giving evidence in the Federal Court of Australia must
do either of the following before they give evidence:
1. take an OATH (which is swearing
to tell the truth by referring to a god)
OR
2. make an AFFIRMATION (which
is a solemn undertaking to tell the truth without referring
to a god or a religious belief);
You can choose whether you would
like to take an OATH or make an AFFIRMATION. The decision
is entirely up to you.
If you choose to take an OATH
you may, if you wish, hold or place your hand on or pick
up the Bible (or an alternative religious book appropriate
to your beliefs can be provided). You will find the Bible
on the witness box in front of you. You are not required
to touch it.
This process is not a religious
ceremony. It is an act of personal commitment and conscience.
It is a criminal offence deliberately to give false evidence
after making an affirmation or taking an oath.
* The form of oath and affirmation
is set out in the Evidence Act 1995 (Cth).
ON THE OTHER SIDE OF THIS CARD
IS THE TEXT OF THE OATH AND THE AFFIRMATION. YOU MAY WISH
TO PRACTICE THE OATH OR AFFIRMATION TO YOURSELF BEFORE
YOU ARE CALLED TO GIVE YOUR EVIDENCE.
[side 2 of card]
READING
THE OATH OR AFFIRMATION
When
you are called to the witness box, the court officer will
let you know when it is time to read aloud the oath or
affirmation. Then when you are ready, read the words of
either the oath (option 1) or the affirmation (option
2) which are set out below.
Option (1) OATH
Read the following:
“I SWEAR** BY ALMIGHTY
GOD*** THAT THE EVIDENCE I SHALL GIVE WILL BE THE TRUTH,
THE WHOLE TRUTH AND NOTHING BUT THE TRUTH”
[** or, you may say you "PROMISE"]
[*** if more appropriate, you
may say the name of a god recognised by your religion]
Option (2) AFFIRMATION
Read the following:
“I SOLEMNLY AND SINCERELY
DECLARE AND AFFIRM THAT THE EVIDENCE I SHALL GIVE WILL
BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.”
